| Case ID |
42e8eb75-abb7-4cfb-8666-6c29f251c1bd |
| Body |
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| Case Number |
Crl. Appeal No. 395 of 2007 |
| Decision Date |
Jun 29, 2009 |
| Hearing Date |
|
| Decision |
The Lahore High Court modified the conviction and sentence of the appellant, who was initially convicted under Section 302(b) of the Pakistan Penal Code (PPC) and sentenced to life imprisonment. The court found that the prosecution failed to establish the cause of death, leading to the conclusion that the appellant could not be convicted under Section 302(b) of the PPC. The conviction was converted to Section 324 of the PPC and the sentence was reduced to seven years of imprisonment. The court emphasized the need for substantial evidence for a conviction and noted discrepancies in the prosecution's case. |
| Summary |
This case revolves around the appeal of Haji Muhammad against his conviction under Section 302(b) of the Pakistan Penal Code, which resulted in life imprisonment. The Lahore High Court, presided over by Justice Pervaiz Inayat Malik, reviewed the evidence presented in the trial court. The key issues included the cause of death of the injured party and the credibility of the prosecution's witnesses. The court found that the prosecution did not prove its case beyond a reasonable doubt, particularly regarding the cause of death, as the deceased had been discharged from the hospital after showing improvement before ultimately passing away. The court highlighted the importance of medical evidence in establishing the connection between the accused and the crime, ultimately leading to the modification of the conviction to a lesser charge under Section 324 of the PPC. This decision underscores the judicial system's commitment to ensuring that convictions are based on solid evidence and highlights the role of appellate courts in correcting potential miscarriages of justice. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Pervaiz Inayat Malik, Justice
|
| Lawyers |
Mr. S.M. Tahir Jamal, Advocate for Appellant,
Mian Bashir Ahmad Bhatti, DPG for State
|
| Petitioners |
Haji Muhammad
|
| Respondents |
State
|
| Citations |
2010 SLD 857,
2010 PLJ 298
|
| Other Citations |
2006 SCMR 1626,
2007 PCr.LJ 1192
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
324,
302(b)
|